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HomeMy WebLinkAbout18-22 CC Resolution RESOLUTION NO. 18-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE PECHANGA PARKWAY WIDENING PROJECT (PW15-14) AND APPROVING THE PROJECT THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On November 17, 2015, the City Council approved an Intergovernmental Agreement (IGA) between the City and the Pechanga Band of Luiseno Indians (Pechanga Tribe) in connection with the Pechanga Resort and Hotel Expansion Project (Hotel Project). The IGA includes the terms of implementing mitigation measures to address off-reservation impacts resulting from the Hotel Project. Traffic impacts and mitigation measures are described in the Traffic Impact Analysis (TIA) included in draft Tribal Environmental Impact Report (TEIR). B. The TIA and TEIR identify a need to widen Pechanga Parkway to three lanes in each direction, between Via Gilberto and North Casino Drive (Project). C. Per the terms of the IGA, the Pechanga Tribe agrees to fund the Project and the City agrees to perform the work. D. Pursuant to California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects of the approval of the Project. Based upon the findings contained in that Initial Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. E. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). F. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. Resos 18-22 1 G. On March 27, 2018, at a duly noticed public hearing as prescribed by law, the City Council considered the Project and any comments received prior to or at the public hearing on March 27, 2018, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. H. Three written communications were received prior to the March 27, 2018 public meeting on the Project and a response to all of the comments made therein was prepared, submitted to the City Council and incorporated into the administrative record of the proceedings. One of the correspondences was a letter received from the State Clearinghouse and Planning Unit of the Governor's Office of Planning and Research documenting the City's circulation of the proposed Mitigated Negative Declaration to various State agencies for review as required by CEQA. I. The City Council reviewed the Mitigated Negative Declaration and considered all testimony and comments received regarding the Project and the Mitigated Negative Declaration prior to and at the March 27, 2018 public hearing, and based on substantial evidence in the whole record before it finds that: (1) The Mitigated Negative Declaration was prepared in compliance with CEQA; (2) There is no substantial evidence that the Project will have a significant effect on the environment; and (3) The Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. Section 2. Based on the findings set forth in this Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for the Project. The Director of Public Works is authorized and directed to file a Notice of Determination in accordance with CEQA. Section 3. The City Clerk shall certify to the adoption of this Resolution. The City Council hereby approves the Project for the Pechanga Parkway Widening Project (PW15-14) and authorizes the Director of Public Works to proceed with the preparation of Plans and Specifications for this Project. Resos 18-22 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th of day March, 2018. v Matt Rahn, Mayor ATTEST Randi Jo ity Clerk [SEAL] Resos 18-22 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18-22 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 27th day March, 2018, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Stewart NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 1 COUNCIL MEMBERS: Rahn ABSENT: 1 COUNCIL MEMBERS: Naggar Randi Johl, City Clerk Resos 18-22 4